Procedures estart tegen België wegens niet-naleving milieurichtlijnen (en)

The European Commission has decided to pursue infringement proceedings against Belgium in five separate cases concerning breaches of EU environment law. A final written warning will be sent to Belgium for failure to carry out an Environmental Impact Assesment of the major roadworks on the "Leien Boulevard" in Antwerp. Belgium will also receive two further final warnings for failure to transpose into Belgian law EU legislation on water and on greenhouse gas emissions. In two further cases, Belgium will receive first written warnings. They concern failure to reduce air pollution and to meet obligations in relation to the Earth's protective ozone layer. By not correctly implementing EU environment law Belgium is not protecting the environment and its citizens as it should.

Commenting on the decisions, Environment Commissioner Margot Wallström said: "Over the last few decades, the EU has developed a comprehensive body of legislation aimed at improving the state of our environment. If these laws are not implemented, they will remain ineffective - and the citizens will suffer as their quality of life depends on a healthy environment. "

The Antwerp ringroad

In 2001, Flemish authorities started reconstructing the historic "Leien Boulevard" (the inner ring) in Antwerp without conducting an environmental impact assessment ;as required by the Environmental Impact Assessment Directive^[1]. ;This Directive obliges authorities, when they undertake certain construction projects such as the reconstruction of the boulevard in Antwerp, to analyse and take into account the likely effects on the environment.

In October 2003, the Commission sent a first written warning to Belgium. The authorities replied in February 2004 that the project was not likely to have significant effects on the environment and that no environmental impact assessment was therefore necessary. However, in the Commission's view, the Flemish authorities have not taken all the necessary measures to ascertain whether the project is, or is not, likely to have significant effects on the environment and, on this basis, whether an environmental impact assessment should be carried out. The Commission has therefore sent Belgium a final written warning. The Commission wants Belgium to demonstrate that the Flemish authorities have carried out a preliminary verification of whether or not there are significant effects on the environment.

If this is the case, the Flemish authorities should carry out a full environmental impact assessment. This would give citizens an opportunity of giving their views on how a project will affect their environment. Failure to carry out an assessment may also mean that the best way of protecting the environment is overlooked and more harm than necessary is done.

Further final written warnings

Along with several other Member States, Belgium has failed to transpose into national law the Water Framework Directive^[2], which was due by 22 December 2003, as well as the Emissions Trading Directive^[3], which was due by 31 December 2003. The Commission will therefore send final written warnings to Belgium asking that these laws be implemented. Both cases are the subjects of separate press releases (IP/04/870 and IP/04/861).

First written warnings

Alongside several other Member States, Belgian has also received first written warnings with regard to the following two cases:

;
• failure to submit complete and substantial reports on the use of methyl bromide on traded crops. Methyl bromide is a pesticide that damages the Earth's protective ozone layer and must be phased out under the EU Ozone Regulation implementing the 1987 Montreal Protocol on ozone-depleting substances^[4].

These case too is the subject of separate press release (IP/04/878).

Legal Process

Article 226 of the Treaty gives the Commission powers to take legal action against a Member State that is not respecting its obligations.

If the Commission considers that there may be an infringement of EU law that warrants the opening of an infringement procedure, it addresses a "Letter of Formal Notice" (first written warning) to the Member State concerned, requesting it to submit its observations by a specified date, usually two months.

In the light of the reply or absence of a reply from the Member State concerned, the Commission may decide to address a "Reasoned Opinion" (final written warning) to the Member State. This clearly and definitively sets out the reasons why it considers there to have been an infringement of EU law and calls upon the Member State to comply within a specified period, normally two months.

If the Member State fails to comply with the Reasoned Opinion, the Commission may decide to bring the case before the European Court of Justice. Where the Court of Justice finds that the Treaty has been infringed, the offending Member State is required to take the measures necessary to conform.

Article 228 of the Treaty gives the Commission power to act against a Member State that does not comply with a previous judgement of the European Court of Justice. The article also allows the Commission to ask the Court to impose a financial penalty on the Member State concerned.

For current statistics on infringements in general see:

http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm#infractions ;

^[1] Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC

^[2] Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy

^[3] ; Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community

^[4] Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer